Smith v. Bywise Holding, LLC

In an action to recover damages for personal injuries, the defendant Bywise Holding, LLC, appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Lewis, J), dated January 29, 2010, as, upon, in effect, denying that branch of its motion which was to direct the Clerk of the Court to enter a judgment against it and in favor of the plaintiff in a particular sum, directed a new trial on the issue of damages for past and future loss of earnings.

Ordered that the order is affirmed insofar as appealed from, with costs.

*1007On January 21, 2004, the plaintiff slipped…